from the it's-already-delayed-it-long-enough dept

One of the reasons why 3D printing is suddenly on the cusp of going mainstream is the expiration of some key patents that have held the technology back for decades. And yet, of course, with any area of the market that is getting hot, there is suddenly a rush to get more patents. In fact, we've already seen a few patent fights begin concerning the new generation of 3D printing companies. Recently, the EFF has decided to try to try to put a stop to a series of patent applications that, if granted, would have the potential to again hold back the 3D printing market even further.

As of today, we've now challenged six pending patent applications that you helped us identify as applications that, if granted, would particularly threaten the growing field of 3D printing technology. Harvard's Cyberlaw Clinic hand delivered the first two submissions to the Patent Office earlier this year, and we've since sent in four more.

The prior art we’ve submitted so far thanks to your submissions ranges from patents and blog posts to research papers and symposium proceedings. Each prior art document gives the Patent Office tools to reject patent claims for obviousness. That in turn helps protect the diverse, exciting uses of 3D printing that are gaining in popularity each day, from small hobbyist printers to large-scale, high-quality commercial fabrication using materials ranging from titanium to chocolate.

Hopefully, they'll be able to hold off the worst, and we can see a new industry develop cleanly, without too many patent fights, or too many such issues holding back further development in the space.

It really is quite incredible to see such a clear case of patents hindering key innovations. The market is developing today not because of patents, but because people see the demand in the market and the opportunities to provide something. We have a competitive market, where different providers seek to out-innovate each other, not because of the ability to get patents, but because of the nature of competition and the desire to provide for an emerging and compelling market. Hopefully that spirit of innovation won't get stamped out due to bad patents.

from the will-it-work? dept

The folks over at EFF have launched a new site called DefendInnovation.org that seeks to get people to speak up about fixing the patent system, specifically around software patents. It puts forth a series of key suggestions:

To me, number four is the key one and would fix a large number of issues with the patent system. I've been arguing for an independent invention defense for years. In fact, I'd take it slightly further. Since patents are only supposed to be granted on ideas that are non-obvious to those who are skilled in the art, the fact that there is independent invention suggests evidence that it is obvious to those skilled in the art, because multiple "skilled in the art" practitioners are arriving at the same obvious conclusion. Thus, such patents should be invalid, beyond just allowing the independent inventor a defense.

Some don't think the EFF is going far enough. Tim Lee put together a petition, asking the EFF to go even further and oppose software patents altogether. You could argue that point number seven gets towards that. In fact, you could argue that point number seven should be the whole ballgame here. The fact that we don't have any evidence that software patents benefit the economy should make the whole system a mockery. Either way, the EFF's response to the whole "abolish software patents" issue, is that there needs to be a first step:

Regardless of whether you think software patents should be abolished altogether or just reformed, the first step is recognizing that a one-size-fits-all patents system doesn’t make sense and that we need to treat software patents differently from other types of patents. Without that, no effort – whether reform or abolition – can be successful.

To be honest, as bad as software patents can be, I still do worry about hardware patents as well. So I don't think we should lose sight of the independent invention defense (or independent invention as evidence of obviousness) as a useful tool to fix many of the larger problems with the system. There are some other potential fixes out there as well, including something akin to an anti-SLAPP law for patents -- where it's clear that the lawsuit is an abuse of the patent system, just to try to get a company actually producing a product to pay. A big part of the problem today is how expensive a patent lawsuit is, and how difficult it is to get one dismissed without first having to spend upwards of a million dollars (no joke). That leads many companies to settle. This is, obviously, what point number 2 in the Defend Innovation campaign is about, but getting faster, anti-SLAPP-like dismissals would be a big help as well, as no company wants a big expensive lawsuit hanging over them.

Either way, it's good to see renewed emphasis on the problems of the patent system, especially after Congress and President Obama pretended that they'd "fixed" everything last summer with the patent reform bill that did very little (and probably made some things worse).